TERMS OF PURCHASE
Trauma Informed Task Follow-Through Workshop PURCHASE
By using the Site to purchase something from Saundra Brodkin, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink https://www.saundrabrodkin.com/privacypolicy/.
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Saundra Brodkin (“Coach”), acting on behalf of SAUNDRA BRODKIN (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
If you create an account on the Site, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You must immediately notify Saundra Brodkin of any unauthorized uses of your data, your account or any other breaches of security.
These Terms govern our services as if they are offered through the Site, on the telephone, or through other digital services such as Facebook Live and Zoom (the “Services”).
You may not use the account, username, or password of another user at any time or disclose your password to any third party or permitting any third party to access your account.
This Agreement is entered into by and between: Saundra Brodkin, ADHD Coach, Online Coaching (B.Ed, M.Ed, IAC) and you “Client,” whereby Saundra Brodkin agrees to provide Coaching Services to you “client” through the delivery of the course platform “course” or “program”.
Generalized Description of Coaching: Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal and/or professional goals and to develop and carry out a strategy/plan for achieving those goals.
- Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with To-Do List Rebel Workshop.
- The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on the Coach’s site as part of the Program.
- Coach reserves the right to substitute services equal to or comparable to the Course for Client if reasonably required by the prevailing circumstances.
- Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met.
- The content included in the Course is for your individual, non-commercial use. Client agrees not to share login details and/or Course materials with any third parties.
- Coach reserves the right to remove the Client from the Course at any time for any reason.
This workshop is comprised of:
- Live Training Workshop
- Recording of Live Training
This offer is non-refundable. If Client would like to terminate their account, they may do so at any time.
Client agrees to be open minded to Coach’s methods and partake in services as proposed.
- Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from his/her interactions with the Coach and materials provided in the course.
- As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and understands that the coach does not prevent, cure, or treat any mental disorder or medical disease.
- Client further acknowledges that he/she may terminate or discontinue use of the course at any time.
- Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
- By participating in the Course, Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. The information in this Course is in no way to be construed or substituted as psychological counseling or any other type of therapy or professional advice. It shall not be used as a form of obtaining an ADHD diagnosis or evaluation.
- Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
- The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
- The Coach may provide Client with third-party recommendations for such services as marketing, photography, business, health, therapy, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
- The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the course.
- The Client is entering into this agreement without fear, threat, or compulsion from anyone.
- The Coach recommends that the Client advise their current therapist, psychotherapist, counselor of the services by which the Coach will be providing.
- Information on the Coach’s social media platforms (i.e. Facebook, Instagram, Twitter) shall not be construed as a furtherance of the Coach and Client’s relationship, even if the information presented applies to the Client’s circumstances.
- Any testimonials, earnings, or examples shown through Coach’s website are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs, courses, and/or services. Client acknowledges that Coach has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Coach’s website, programs, products or services.
- The parties agree to engage in the course through the communication means outlined above. Coach may be available for additional services in The Fantabulously ADHD paid Program at the cost listed on the site. Any further services or out of pocket expenses shall be confirmed between the parties via email and signed documents of informed consent.
SCHEDULE AND FEES
- This coaching agreement is valid as of the date of the Client’s first payment.
- Fees will be processed in Canadian Currency (CAD), as indicated on the sign up page.
- The fee is based on the inclusions in the course.
- Client is only provided the option to pay in full (one time payment).
- Payment must be received before access to the course is provided.
- Credit Card Authorization. Each Party hereto acknowledges that Coach will charge the credit card or payment method AUTOMATICALLY chosen by the Client.
- In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls. If Client has not paid within fourteen (14) days, Coach has the right to terminate agreement.
- This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is kept protected and confidential. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach will not disclose the Client’s name as a reference without the Client’s consent.
- The Coach and Client recognize that email and text messaging are not secure methods of communication.
- Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
- Company may take photographs, videos, or audio recording during the Program that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Program, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.
- Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in the Membership. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer's participation in the Membership.
- Client waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.
INTELLECTUAL PROPERTY RIGHTS.
- In respect of the documents specifically created for the Client as part of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided by the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately remove Client from the Program, without refund, if the Client is caught violating this intellectual property policy.
- The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
TERMINATION AND REFUND POLICY
- The refund policy in effect for the term of this Agreement is as follows: This offer is non-refundable.
- Upon cancellation of Client account, all access to the course materials will be terminated.
- By using SAUNDRA BRODKIN services and purchasing this course, the Client accepts any and all risks, foreseeable and unforeseeable, arising from such transaction. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Course is at user’s own risk.
- Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential, or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.
- This agreement shall be submitted as a complete defense for any allegations of alleged negligence or alleges injuries/loss brought by the Client for services provided by the Coach.
- If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 days after notice given. The parties shall share equally in the costs of said mediation. If the dispute is not so resolved, and it is necessary, legal action may be taken.
- If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
- This document is a legal contract: the Client, if concerned or unsure of the terms and conditions of this Agreement, or any of the other documents referred to as being included, are urged to confer with a lawyer, Legal Aid duty counsel at one of the clinics in the City, a friend or member of the family who may have more experience in these matters or to simply take the document home and read them over for a day or two prior to signing this agreement. The Client in entering this agreement acknowledges that they have read over this agreement and has either taken the opportunity to understand and appreciate them, or are content to enter the Agreement without doing so.
- This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to any conflicts of laws provisions. This is despite the fact that the Client resides in another province or state that is governed by the United States of America.
- Binding Effect
- i) This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
- This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except by written or virtual signature by both the Coach and the Client.
If you have any questions please contact [email protected].
Updated September 21, 2022.